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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for two months and by imprisonment for one month.
Reasons
1. The summary of the grounds for appeal (defendants) is too unreasonable because the original sentence is too unreasonable.
2. We examine ex officio the Defendants’ grounds for appeal prior to the judgment on the grounds for appeal.
According to the records, Defendant A was sentenced to imprisonment with labor for one year and two months at the Ulsan District Court on July 17, 2019 for a violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on December 10, 2019, and Defendant B was sentenced to one year of imprisonment with labor for the same crime in the same court on June 19, 2019, and the judgment became final and conclusive on November 29, 2019. As such, Defendant B was sentenced to one year of imprisonment with labor for the same crime in the same court on June 19, 2019, and each of the above crimes of violation of the Act on the Control of Narcotics, etc., which became final and conclusive in the judgment of the court below against the Defendants are concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained in this respect.
3. The judgment of the court below is reversed without examining the defendants' assertion of unfair sentencing, and the judgment below is reversed and it is decided as follows through oral argument.
[C] The second sentence among the part of the criminal records of Defendant A stated in the judgment of the court below on the summary of criminal facts and evidence is written as follows: "The defendant was sentenced on July 17, 2019 to one year and two months and the judgment became final and conclusive on December 10, 2019"; and the second sentence among the part of the criminal records of Defendant B, the second sentence of Defendant B was written as "the defendant was sentenced to one year of imprisonment with prison labor at the Ulsan District Court on June 19, 2019 as a crime of violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on November 29, 2019," and the second sentence was written as the corresponding part of the judgment of the court below with the exception of the last sentence in the summary of evidence "each final and conclusive judgment (the final judgment is 2019Da1983, 2019No1337)".
Application of Statutes
1. Relevant provisions concerning facts constituting an offense;